Column | Does The Former President's Act/Bill 2006/2023 Disqualify Former President Jammeh?

-

 



 | Author Shares His Views On The Legality Of Jammeh’s Right To Benefits And Entitlements |


By Almamy Fanding Taal


The quick answer to the above question  is NO and the long answer is it's debatable!  The law of the land must be drafted clearly without ambiguity in all cases particularly in respect to former President Jammeh. A law made by our sovereign legislature in the context of a transition away from dictatorship must clearly define the  rights, benefits, entitlements, terms and conditions of former leaders in unequivocal terms. 

Clarity and brevity are the twin objectives of legislative drafting. Thus, it  is misleading to engage in hypothetical scenarios where the law is crystal clear as in both enactments ! Therefore, the NAMs and the AG must not engage in what-if speculations and plotting future scenarios. The TRRC indictment is a legal basis to disqualify JAMMEH from benefiting under the new Act. Cleary no reference is made to either the TRRC or the Janneh Commission,  as a court in the United States have used the JANNEH Commission Report to forfeit the Potomac property worth millions of Dollars in the name of Jammeh’s family members. 

All those interested in seeing justice done and discourage impunity know that both Acts of 2006 and 2023 have not disqualified former president Jammeh. In fact, the 2006 Act is more specific and restrictive in its definitions of Former Presidents and their entitlements. With a minimum of two terms for a former president to be entitled to the benefits enumerated in the Act. Section 2 of the 2006 Act provides  "former President" means a person who has held the office of President of the Republic of The Gambia for not less than two terms.”

Compared to the above definition  the 2023 Bill recently enacted by the National Assembly defines in Section 2. “Former President” means a person who has held the office of President of the Republic of The Gambia under the Constitution, it is clear to see that the former definition was more carefully considered and better drafted.

In addition the 2006 Act in Section 4 subsection 2 explicitly disqualifies a former president who leaves office under the cloud of (Misconduct) Section 67 of the 1997 Constitution which reads:’ The President may be removed from office in accordance with this section on any of the following grounds- (a) abuse of office, willful violation of the oath of allegiance or the President’s oath of office, or willful violation of any provision of this Consultation, or  (b) misconduct in that- (i) he or she has conducted himself in a manner which brings or is likely to bring the office of President into contempt or disrepute; or  (ii) he or she has dishonestly done any act which Is prejudicial or inimical to the economy of The Gambia or dishonestly omitted to act with similar consequences. 

No such disqualifiers and caveats are provided in the recent enactment. Which begs the question why the indecent haste to replace a perfectly reasonable law with one that has not been carefully scrutinised by the legislators?  In this regard the earlier law is much better than its successor. Relying on the purposive rule of interpretation of statutes one could argue that  the conduct of former president Jammeh after his defeat in 2016 

Within the dynamic context of Gambia’s Transitional Justice Process the definition of ‘Former President’  must include caveats with respect to gross human rights violations, indictments by commissions and, gross misconduct leading to impeachment. We are a nation of laws that is why Edward Singhateh could testify before the TRRC and go scot free while Yankuba Touray who refused to testify was tried by a court of competent jurisdiction and sentenced to life imprisonment. And the law is not what a leader says  it is but what is written in the books of law.



About the Author

The author is a regular contributor to this medium


Publisher’s Note


Views expressed herein are those of the author and do not necessarily represent the views of the publisher. Want to be a contributing author? Please email opmail220@gmail.com




Comments

Post a Comment

Popular OP posts

‘Industrial Scale’ Foreign Disinformation Campaigns Fuel Anger, Confusion

-
Image
Dai Russian President Vladimir Putin, left, and Chinese President Xi Jinping wave during the welcoming ceremony of an economic summit. Disinformation campaigns seeking to manipulate African information systems have increased nearly fourfold since 2022. That is according to the Africa Center for Strategic Studies (ACSS), which linked disinformation campaigns to increased violence, support for coups, expanded anti-Western rhetoric and the spread of confusion about health care. These campaigns also work to erode confidence in traditional media sources. Nearly 60% of disinformation campaigns in Africa are linked to countries outside the continent. The efforts, aided by emerging technology, are mostly driven by Russia, although China, Qatar, Saudi Arabia and the United Arab Emirates also push false narratives as they seek to spread their influence. Such contrived narratives are flourishing as Africa now has more than 400 million active social media users and 600 million internet users. ...
Read more

UDP Congratulates PASTEF for landslide victory

-
Image
On behalf of the Secretary General- Party Leader and the National Executive Committee of the United Democratic Party, we congratulate  PASTEF on the massive legislative mandate given by the Senegalese voters.  It is a resounding endorsement of the PASTEF platform and testament to the desire of the Senegalese people to chart a new path forward.  This movement has inspired hope in young people, not only in Senegal, but across the region and The Gambia, much of whose young people express admiration for what they see in Senegal.  We draw inspiration from their persistent determination and perseverance against the forces of state capture as much as has been true for Gambians in our struggle against tyranny and self-perpetuating rule.  Through its struggle in preserving the integrity of the Senegalese constitution, PASTEF has assured the supremacy of the Senegalese constitution and in the process ushered in a democratic leadership that is patriotic, measured and inspi...
Read more

Journalists trained on conflict sensitive reporting of TRRC Implementation reports

-
Image
  The Gambia Press Union (GPU) in partnership with the International Idea through the support from the European Union (EU) on Tuesday concluded a two day comprehensive training for Press Editors' and Journalists on conflict sensitive media coverage of the Implementation of The Government's White Paper on the TRRC Recommendations. The event held at the Sir Dawda Kairaba Jawara International Conference Centre in Kerr Serign, brought together media editors' and journalists to acquire requisite knowledge on the implementation reports of the TRRC Recommendations.  Jainaba Faye, Head Of Country Office, International Idea highlighted the significance of the training, whils urging journalists to treat victims with dignity, respect and compassion when reporting on conflict sensitive reporting. “It is important to note that every story you report has a human face behind it.  This is especially true when it comes to victims of crime or human rights abuses.  Victim and conflict ...
Read more